[Freethe SF8] Defense Motion on Torture Statements Denied in SF 8 Case

[SF-8 case]

In front of a packed courtroom, SF 8 presiding 
Judge Moscone denied a significant defense motion 
asking that statements made under torture by 
Harold Taylor in 1973 be precluded from consideration in this case.

In 1975 a Los Angeles judge ruled these same 
statements inadmissible in a trial that 
ultimately resulted in Harold Taylor’s acquittal. 
That case involved a police attack on a car of 
Black activists in which all three – Ray 
Boudreaux, John Bowman and Harold Taylor – were 
fired upon and shot multiple times. After Harold 
Taylor’s acquittal, charges were dismissed against Boudreaux and Bowman.

Randy Montesano, representing Harold Taylor in 
the current case, argued passionately that the 
government is continuing in its pattern and 
practice of trampling on these defendants’ 
rights. “The prosecution is trying to litigate 
the use of coerced and torture-induced statements 
again,” he said, “because of sour grapes” as the 
court in the mid 1970s heard 8 days of testimony 
, including 13 witnesses and concluded that 
Harold Taylor’s statements were not made 
voluntarily in New Orleans. Montesano argued that 
they have no right to use these same “statements” 
just because they didn’t like the 33-year old 
outcome. He reiterated that his client still 
suffers physically and from post traumatic stress 
disorder today, some 36 years later.

Judge Moscone denied the motion on narrow legal 
grounds saying that the Los Angeles decision was 
not a final adjudication. Moscone did leave the 
door open for the suppressing of these statements 
in future hearings. That hearing would force the 
government to either produce the same witnesses 
and evidence or face the consequences of the 
absence of evidence, transcripts and witnesses.

Attorney Montesano reiterated “there is no way to 
get a fair hearing today, especially given the 
delay of so many years and the passage of time 
alone precludes any reliable adjudication
so we will ultimately prevail.”

The next hearing in the SF 8 case will be on 
Monday, December 3rd and will take up further 
discovery issues as well as requests by the 
defense to maintain a seal on prejudicial 
documents that are unsupported by evidence.

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